| |
| PRIOR PRINTER'S NO. 219 | PRINTER'S NO. 530 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY VEREB, SCHRODER, REICHLEY, TURZAI, AUMENT, BAKER, BARRAR, CAUSER, CLYMER, CUTLER, DENLINGER, EVANKOVICH, EVERETT, FARRY, GINGRICH, HAHN, HICKERNELL, KAUFFMAN, KORTZ, KRIEGER, MARSICO, METZGAR, MILLER, MURT, PAYNE, PYLE, QUIGLEY, RAPP, ROAE, SCAVELLO, SONNEY, SWANGER, TALLMAN, TOEPEL, WAGNER, WATSON, BENNINGHOFF, GROVE, SACCONE, VULAKOVICH, ELLIS AND METCALFE, JANUARY 27, 2011 |
| |
| |
| AS REPORTED FROM COMMITTEE ON GAMING OVERSIGHT, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 8, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Providing for the transfer of certain powers and duties from the |
2 | Pennsylvania Gaming Control Board to the Office of Attorney |
3 | General; establishing a Gaming Unit in the Office of Attorney |
4 | General; and making related repeals. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Short title. |
8 | This act shall be known and may be cited as the Attorney |
9 | General Gaming Regulation Act. |
10 | Section 2. Findings and legislative intent. |
11 | (a) Findings.--The General Assembly finds that the transfer |
12 | of the Bureau of Investigations and Enforcement to the Office of |
13 | Attorney General will serve to provide for an appropriate |
14 | separation of investigative and enforcement functions from |
15 | licensing functions. The General Assembly further finds that the |
16 | transfer of the Bureau of Investigations and Enforcement does |
|
1 | not affect the general jurisdiction of the Pennsylvania Gaming |
2 | Control Board in any way which impairs or otherwise reduces the |
3 | board's licensing authority. |
4 | (b) Legislative intent.--It is the intent of the General |
5 | Assembly to transfer all of the existing functions and duties of |
6 | the Bureau of Investigations and Enforcement in the Pennsylvania |
7 | Gaming Control Board, including the Office of Enforcement |
8 | Counsel, to the Gaming Unit in the Office of Attorney General. |
9 | It is the further intent of the General Assembly to completely |
10 | separate, except as provided under this act, the Gaming Unit in |
11 | the Office of Attorney General from any regulatory or fiscal |
12 | control by the Pennsylvania Gaming Control Board. |
13 | Section 3. Gaming Unit. |
14 | (a) Establishment.--There is established within the Office |
15 | of Attorney General a Gaming Unit. The Attorney General shall |
16 | select: |
17 | (1) A director of the Gaming Unit. |
18 | (2) A director of the Office of Enforcement Counsel |
19 | transferred to the Gaming Unit by operation of this act. |
20 | (b) Powers and duties.--The Gaming Unit shall, in addition |
21 | to the powers and duties vested in the Office of Attorney |
22 | General by 4 Pa.C.S. Pt. II (relating to gaming), also have the |
23 | powers and duties previously vested in the Bureau of |
24 | Investigations and Enforcement of the Pennsylvania Gaming |
25 | Control Board by 4 Pa.C.S. Pt. II. |
26 | (c) Personnel.-- |
27 | (1) The Attorney General shall assign agents to |
28 | supervisory and other capacities in the Gaming Unit as |
29 | necessary. All other personnel of the Gaming Unit shall be |
30 | civilians. |
|
1 | (2) Except as provided in paragraph (3), all personnel |
2 | shall continue in their employment with the unit with the |
3 | same pay scales, salaries, wages, seniority benefits, pension |
4 | rights and other incidents of employment. |
5 | (3) The unit director, in consultation with the Attorney |
6 | General, shall determine which personnel transferred under |
7 | this section shall be retained as unit employees and which |
8 | personnel transferred under this section shall be replaced |
9 | within a six-month period after the appointment of the unit |
10 | director except employees covered under a current collective | <-- |
11 | bargaining agreement. |
12 | (d) Employment requirements.-- | <-- |
13 | (1) Prospective employees of the Gaming Unit shall |
14 | submit an application and a personal disclosure form to the |
15 | Gaming Unit director which shall include a complete criminal |
16 | history, including convictions and current charges for all |
17 | felonies and misdemeanors. |
18 | (2) Prospective employees shall be required to undergo |
19 | testing which detects the presence of illegal substances in |
20 | the body. |
21 | (3) The Gaming Unit director shall obtain fingerprints |
22 | and photographs for each prospective employee consistent with |
23 | the standards adopted by the Pennsylvania State Police. |
24 | (4) The Gaming Unit director shall verify the |
25 | identification, employment and education of each prospective |
26 | employee, including: |
27 | (i) Legal name, including any alias, date of birth |
28 | and Social Security number. |
29 | (ii) All educational institutions attended |
30 | regardless of graduation status. |
|
1 | (iii) Places of residence for the past ten years. |
2 | (iv) Employment history for the past 15 years. |
3 | (5) The Gaming Unit director shall not hire a |
4 | prospective employee if the prospective employee: |
5 | (i) has been convicted of a crime that bears a close |
6 | relationship to the duties and responsibilities of the |
7 | position for which employment is sought; |
8 | (ii) has been dismissed from other employment for |
9 | gross misconduct; or |
10 | (iii) has intentionally made a false statement |
11 | concerning a material fact in connection with the |
12 | application to the Gaming Unit director. |
13 | (6) The Gaming Unit director shall not employ a person |
14 | unless the requirements of paragraphs (1), (2), (3) and (4) |
15 | have been met. |
16 | (7) The Gaming Unit director shall: |
17 | (i) Immediately refer any criminal matter involving |
18 | an employee to the Pennsylvania State Police. |
19 | (ii) Develop a disciplinary process for an employee |
20 | charged with a crime or with gross misconduct. |
21 | (iii) Immediately suspend from employment any |
22 | employee charged with a felony. |
23 | (iv) Develop a process to discipline all other |
24 | instances of misconduct. |
25 | (8) Disciplinary action shall be instituted promptly |
26 | against an employee who, while on or off duty, engages in |
27 | serious misconduct which may bring the Office of Attorney |
28 | General or the Pennsylvania Gaming Control Board into |
29 | disrepute. |
30 | (d) (e) Transfers.--The following are transferred to the | <-- |
|
1 | Gaming Unit established under subsection (a): |
2 | (1) All of the powers, duties and authority previously |
3 | vested in the Bureau of Investigations and Enforcement of the |
4 | Pennsylvania Gaming Control Board by 4 Pa.C.S. Pt. II. |
5 | (2) All personnel, allocations, appropriations, |
6 | equipment, files, records, contracts, agreements, obligations |
7 | and other materials which are used, employed or expended by |
8 | the Pennsylvania Gaming Control Board in connection with the |
9 | functions transferred by this act to the Gaming Unit as if |
10 | these contracts, agreements and obligations had been incurred |
11 | or entered into by the Gaming Unit. |
12 | (e) (f) Requirement of transfer.--The personnel, | <-- |
13 | appropriations, equipment and other items and material |
14 | transferred by this section shall include an appropriate portion |
15 | of the general administrative, overhead and supporting |
16 | personnel, appropriations, equipment and other materials of the |
17 | Pennsylvania Gaming Control Board. |
18 | (f) (g) Expenses and budget.-- | <-- |
19 | (1) Expenses of and related to the Gaming Unit shall be |
20 | considered reimbursable expenses under 4 Pa.C.S. Pt. II. |
21 | (2) The Gaming Unit shall prepare and annually submit an |
22 | itemized budget in accordance with 4 Pa.C.S. § 1402.1 |
23 | (relating to itemized budget reporting). |
24 | (g) (h) Existing gaming enforcement office.--Any gaming | <-- |
25 | enforcement office or unit existing within the Office of |
26 | Attorney General on the effective date of this section shall be |
27 | absorbed by the Gaming Unit established under subsection (a). |
28 | (i) Nepotism prohibition.-- | <-- |
29 | (1) Neither the Attorney General nor any executive-level |
30 | employee may solicit, request, suggest or recommend the |
|
1 | employment by the Attorney General, an executive-level |
2 | employee or the Pennsylvania Gaming Control Board of any |
3 | individual related within the second degree of consanguinity |
4 | to the Attorney General or an executive-level employee as set |
5 | forth under 23 Pa.C.S. § 1304(e) (relating to restrictions on |
6 | issuance of license) or the spouse of such individual. |
7 | (2) As used in this subsection, the term "executive- |
8 | level employee" shall mean the Gaming Unit director, a deputy |
9 | attorney general and any other employee of the Office of |
10 | Attorney General who has discretionary power which may affect |
11 | or influence the outcome of an action or decision of the |
12 | Gaming Unit or of the Pennsylvania Gaming Control Board or |
13 | who is involved in investigation or enforcement or the |
14 | development of regulations or policy relating to gaming under |
15 | 4 Pa.C.S. Part II. |
16 | Section 19 4. Repeals. | <-- |
17 | Repeals are as follows: |
18 | (1) The General Assembly declares that the repeals under |
19 | paragraph (2) are necessary to effectuate this act. |
20 | (2) The following acts and parts of acts are repealed: |
21 | (i) 4 Pa.C.S. § 1202(b)(25). |
22 | (ii) 4 Pa.C.S. §§ 1202(b)(10) and (28) and 1402(a) |
23 | (4) insofar as those sections relate to the procedure for |
24 | reimbursing costs and expenses incurred by the Office of |
25 | Attorney General. |
26 | (iii) 4 Pa.C.S. Pt. II insofar as it relates to the |
27 | powers and duties of the Bureau of Investigations and |
28 | Enforcement of the Pennsylvania Gaming Control Board. |
29 | (iv) 4 Pa.C.S. Pt. II insofar as it relates to the |
30 | authority and oversight of the Bureau of Investigations |
|
1 | and Enforcement by the Pennsylvania Gaming Control Board. |
2 | Section 20 5. Effective date. | <-- |
3 | This act shall take effect in 60 days. |
|
